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New York Environmental Conservation Law Section 11-0103 - Definitions.Legal Research Home > [an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive] New York Lawyer > Environmental Conservation > New York Environmental Conservation Law Section 11-0103 - Definitions. Sponsored Links
§ 11-0103. Definitions.
As used in the Fish and Wildlife Law:
1. a. "Fish" means all varieties of the super-class Pisces.
b. "Food fish" means all species of edible fish and squid
(cephalopoda).
c. "Migratory fish of the sea" means both catadromous and anadromous
species of fish which live a part of their life span in salt water
streams and oceans.
d. "Fish protected by law" means fish protected, by law or by
regulations of the department, by restrictions on open seasons or on
size of fish that may be taken.
e. Unless otherwise indicated, "Trout" includes brook trout, brown
trout, red-throat trout, rainbow trout and splake. "Trout", "landlocked
salmon", "black bass", "pickerel", "pike", and "walleye" mean
respectively, the fish or groups of fish identified by those names, with
or without one or more other common names of fish belonging to the
group. "Pacific salmon" means coho salmon, chinook salmon and pink
salmon.
2. "Game" is classified as (a) game birds; (b) big game; (c) small
game.
a. "Game birds" are classified as (1) migratory game birds and (2)
upland game birds.
(1) "Migratory game birds" means the Anatidae or waterfowl, commonly
known as geese, brant, swans and river and sea ducks; the Rallidae,
commonly known as rails, American coots, mud hens and gallinules; the
Limicolae or shorebirds, commonly known as woodcock, snipe, plover,
surfbirds, sandpipers, tattlers and curlews; the Corvidae, commonly
known as jays, crows and magpies.
(2) "Upland game birds" (Gallinae) means wild turkeys, grouse,
pheasant, Hungarian or European gray-legged partridge and quail. Grouse
means ruffed grouse and every member of the grouse family. Pheasant
means the ring-necked, dark-necked and mutant pheasants and all species
and subspecies of the genus Phasianus representing the true or game
pheasants.
b. "Big game" means deer, bear, moose, elk, except captive bred and
raised North American elk (Cervus elaphus), caribou and antelope.
c. "Small game" means black, gray and fox squirrels, European hares,
varying hares, cottontail rabbits, native frogs, native salamanders,
native turtles, native lizards, native snakes, coyotes, red fox (Vulpes
vulpes) and gray fox (Urocyon cinereoargenteus) except captive bred red
fox or gray fox, raccoon, opossum, or weasel, skunk, bobcat, lynx,
muskrat, mink, except mink born in captivity, fisher, otter, beaver,
sable and marten but does not include coydogs.
3. "Wild game" means all game, except (a) domestic game bird and
domestic game animal as defined in subdivision 4; (b) carcasses of
foreign game as defined in section 11-1717, imported from outside the
United States and tagged as provided in section 11-1721; (c) game
propagated or kept alive in captivity as provided in section 11-1907;
(d) game imported alive pursuant to license of the department, or
artificially propagated, until such game is liberated; and (e) game so
imported or propagated when liberated for the purpose of a field trial
and taken during the field trial for which it was liberated.
4. a. "Domestic game bird" means ducks, geese, brant, swans,
pheasants, quail, wild turkey, ruffed grouse, Chukar partridge and
Hungarian or European gray-legged partridge, propagated under a domestic
game bird breeder's license pursuant to section 11-1901 or a shooting
preserve license pursuant to section 11-1903, or propagated on a
preserve or island outside the state under a law similar in principle to
title 19 of this article.
b. "Domestic game animal" means white-tailed deer propagated under a
domestic game animal breeder's license pursuant to section 11-1905 or
propagated on a preserve or island outside the state under a law similar
in principle to title 19 of this article.
c. To qualify as such domestic game bird or domestic game animal, (1)
live game must be held in private ownership, on such licensed premises,
and in the case of deer must be held on a preserve which is fenced, or
is an island, as provided in section 11-1905, or must be held in
confinement in course of transportation, and (2) the carcasses or flesh
of such game coming from outside the state must originate on premises
operated by the holder of a domestic game certificate as provided in
section 11-1715.
5. a. "Unprotected wild birds" means the English sparrow and starling,
and also includes pigeons and psittacine birds existing in a wild state,
not domesticated.
b. "Protected birds" means all wild birds except those named in
paragraph a of this subdivision.
6. a. "Wildlife" means wild game and all other animal life existing in
a wild state, except fish, shellfish and crustacea.
b. "Wild bird" means birds which are "wildlife".
c. "Protected wildlife" means wild game, protected wild birds,
protected insects, species of special concern and endangered and
threatened species of wildlife designated by the department pursuant to
section 11-0535 of this article, species listed in section 11-0536 of
this article and species protected pursuant to section 11-0311 of this
article.
d. "Unprotected wildlife" means all wildlife which is not "protected
wildlife".
e. "Wild animal" shall not include "companion animal" as defined in
section three hundred fifty of the agriculture and markets law. Wild
animal includes, and is limited to, any or all of the following orders
and families:
(1) Nonhuman primates and prosimians,
(2) Felidae and all hybrids thereof, with the exception of the species
Felis catus (domesticated and feral cats, which shall mean domesticated
cats that were formerly owned and that have been abandoned and that are
no longer socialized, as well as offspring of such cats) and hybrids of
Felis catus that are registered by the American Cat Fanciers Association
or the International Cat Association provided that such cats be without
any wild felid parentage for a minimum of five generations,
(3) Canidae (with the exception of domesticated dogs and captive bred
fennec foxes (vulpes zerda)),
(4) Ursidae,
(5) All reptiles that are venomous by nature, pursuant to department
regulation, and the following species and orders: Burmese Python (Python
m. bivittatus), Reticulated Python (Python reticulatus), African Rock
Python (Python sabae), Green Anaconda (Eunectes maurinus), Yellow
Anaconda (Eunectes notaeus), Australian Amethystine Python (Morelia
amethistina and Morelia kinghorni), Indian Python (Python molurus),
Asiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus
nilocitus), White Throat Monitor (Varanus albigularis), Black Throat
Monitor (Varanus albigularis ionides) and Crocodile Monitor (Varanus
salvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof,
(6) Crocodylia.
7. "Protected insect" means any insect with respect to the taking of
which restrictions are imposed by the Fish and Wildlife Law or
regulations of the department pursuant thereto.
8. "Plumage" is defined in section 11-1729.
9. "Shellfish" means oysters, scallops, and all kinds of clams and
mussels.
10. "Hunting" means pursuing, shooting, killing or capturing (other
than trapping as defined in subdivision 11) wildlife, except wildlife
which has been lawfully trapped or otherwise reduced to possession, and
includes all lesser acts such as disturbing, harrying or worrying,
whether they result in taking or not, and every attempt to take and
every act of assistance to any other person in taking or attempting to
take wildlife.
11. "Trapping" means taking, killing and capturing wildlife with
traps, deadfalls and other devices commonly used to take wildlife, and
the shooting or killing of wildlife lawfully trapped, and includes all
lesser acts such as placing, setting or staking such traps, deadfalls
and other devices whether they result in taking or not, and every
attempt to take and every act of assistance to any other person in
taking or attempting to take wildlife with traps, deadfalls or other
devices.
12. a. "Fishing" means the taking, killing, netting, capturing or
withdrawal of fish from the waters of the state by any means, including
every attempt to take and every act of assistance to any other person in
taking or attempting to take fish.
b. "Angling" means taking fish by hook and line. It includes bait and
fly fishing, casting, trolling and also includes the use of landing nets
in completing the catch of fish taken by hook and line. To constitute
"angling" the taking must be in accordance with the following
requirements: (1) the operator must be present and in immediate
attendance when lines are in the water; (2) one person may operate not
more than two lines, with or without rod; (3) each line shall have not
more than five lures or baits, or a combination of both, and in addition
each line shall have not exceeding fifteen single hooks, or seven double
hooks, or five triple hooks, or any combination of such hooks, provided
the total number of hook points thereof does not exceed fifteen. Angling
does not include snatching or hooking or the use of tip-ups.
c. "Hooking", "snatching" or "snagging" means taking fish that have
not taken or attempted to take a bait or artificial lure into their
mouth, by impaling fish with one or more hooks or similar devices,
whether or not baited, into any part of their body.
d. "Net" means a non-metallic fabric wrought or woven into meshes and
includes the types known as seine, gill, pound, trap, scap, fyke, dip,
scoop and stake net.
e. "Spear" means a hand-propelled single or multiple pronged pike,
blade or harpoon, and does not include the mechanically propelled device
commonly called a spear gun or under-water gun.
13. "Taking" and "take" include pursuing, shooting, hunting, killing,
capturing, trapping, snaring and netting fish, wildlife, game,
shellfish, crustacea and protected insects, and all lesser acts such as
disturbing, harrying or worrying, or placing, setting, drawing or using
any net or other device commonly used to take any such animal. Whenever
any provision of the Fish and Wildlife Law permits "taking", the taking
permitted is a taking by lawful means and in a lawful manner.
14. "Baiting" means the placing, exposing, depositing, distributing or
scattering of shelled, shucked, or unshucked corn, wheat or other grain,
salt or other feed in such a manner as to lure, attract, or entice
upland game birds to any area where hunters are attempting to take them;
"baited area" means any area where shelled, shucked, or unshucked corn,
wheat or other grain, salt or other feed whatsoever capable of luring,
attracting, or enticing such birds is placed, exposed, deposited,
distributed or scattered.
15. "Marine district" means the waters described in section 13-0103.
16. a. "Northern Zone" as used in the Fish and Wildlife Law or in any
regulation of the department pursuant thereto means that part of the
state situated northerly of a line commencing at a point at the north
shore of the Salmon river and its junction with Lake Ontario and
extending easterly along the north shore of that river to the village of
Pulaski, thence southerly along Route 11 to its intersection with Route
49 in the village of Central Square, thence easterly along Route 49 to
its junction with Route 365 in the city of Rome, thence easterly along
Route 365 to its junction with Route 28 in the village of Trenton,
thence easterly along Route 28 to its junction with Route 29 in the
village of Middleville, thence easterly along Route 29 to its junction
with Route 4, thence northerly along Route 4 to its junction with Route
22, thence northerly and westerly along Route 22 to the eastern shore of
South Bay on Lake Champlain in the village of Whitehall, thence
northerly along the eastern shore of South Bay to the New York-Vermont
boundary.
b. "Southern Zone" as used in the Fish and Wildlife Law or in any
regulation of the department pursuant thereto means that part of the
state not included in the "Northern Zone".
17. "Wilderness Hunting Areas" means the following areas:
a. South branch of Moose river--West Canada creek area. Commencing at
a point in the village of Indian Lake at the intersection of Route 28
with Route 30, thence southerly along Route 30 to the village of
Speculator and its junction with Route 8, thence westerly along Route 8
to its junction with Route 287, thence westerly along Route 287 to its
intersection with the Herkimer county line, thence northerly along the
Herkimer county line to its intersection with Route 28 near the village
of McKeever, thence northerly and easterly along Route 28 to the point
of beginning.
b. Essex Chain Lakes area. Commencing with the village of Indian Lake
on Route 28, thence northwesterly on Route 28 to its junction with Route
28-N at the village of Blue Mountain Lake, thence northerly along Route
28-N to the village of Long Lake, thence easterly, and southerly along
Route 28-N to its junction with Route 28 in the village of North Creek,
thence northwesterly along Route 28 to the point of beginning.
c. Cold River area. Commencing at the village of Long Lake, thence
northerly along Route 30 to its junction with Route 3 in the village of
Tupper Lake, thence easterly along Route 3 to its intersection with
Route 86 in the village of Saranac Lake, thence easterly along Route 86
to its junction with Route 73 in the village of Lake Placid, thence
easterly and southerly along Route 73 to its junction with Route 9,
thence southerly along Route 9 to the village of Schroon River and the
junction of the Blue Ridge road, thence westerly along the Blue Ridge
road through the village of Blue Ridge to its junction with the Tahawus
road, thence southerly along the Tahawus road to its junction with Route
28-N, thence westerly along Route 28-N to the point of beginning.
d. Oswegatchie-Beaver river flow area and Independence river area.
Commencing in the village of Blue Mountain Lake, thence westerly along
Route 28 through Old Forge to the intersection of Route 28 with the
Adirondack state park boundary at the vicinity of White Lake, thence
westerly and northerly along the Adirondack state park boundary to the
point where said boundary crosses Route 3 between the villages of East
Pitcairn and Fine, thence easterly along Route 3 to its intersection
with Route 30 at the village of Tupper Lake, thence southerly along
Route 30 to the point of beginning.
e. Middle branch of Grass river area. Commencing in the village of
Cranberry Lake on Route 3, thence northeasterly along Route 3 to its
junction with Route 56 near the village of Sevey, thence northerly along
Route 56 to its intersection with the Adirondack state park boundary
southeast of the village of South Colton, thence west and south along
said park boundary to its intersection with the Degrasse-Cranberry Lake
road, thence easterly and southerly along said road to its junction with
Route 3 approximately one mile west of the village of Cranberry Lake
thence easterly along Route 3 to the point of beginning.
f. West branch of St. Regis river area. Commencing at the village of
Tupper Lake, thence northeasterly along Route 30 to the junction of the
Brandon road leading from Paul Smiths to St. Regis Falls, thence
westerly and northerly along said Brandon road to its junction with
Route 72 about three miles west of the village of Santa Clara, thence
northwesterly along Route 72 to its junction with the St. Regis-Lake
Ozonia road, thence southerly and westerly along the St. Regis-Lake
Ozonia road to Lake Ozonia, thence northerly and westerly along the Lake
Ozonia-Hopkinton road to its intersection with the Adirondack state park
boundary, thence westerly, southerly, and westerly along the Adirondack
state park boundary to its intersection with the Parishville-Stark road,
thence southerly along said road to the village of Stark, thence
westerly along the Stark-Hubbards road to its junction with Route 56,
thence southerly along Route 56 to its junction with Route 3 near the
village of Sevey, thence easterly along Route 3 to the point of
beginning.
18. "Inhabited" means a permanent occupancy by a species as contrasted
with a temporary presence of an occasional individual.
19. a. "Person" means an individual, a co-partnership, joint stock
company or corporation.
b. In construing any provision of the Fish and Wildlife Law, gender
and number shall be disregarded whenever necessary to give effect to the
purpose of the provision.
c. A reference to the "immediate family" of a person means all persons
who are related by blood, marriage or adoption to the person whose
immediate family is referred to, and are domiciled in the house of such
person.
20. "Environmental conservation officer" includes sworn officers in
the division of law enforcement in the department.
21. "Carrier" means a person engaged in the business of transporting
goods, and includes a common carrier, contract carrier and private
carrier.
22. "Closed area" means any area of lands, or waters, or lands and
waters of the state, in which the taking of fish, wildlife or protected
insects, or one or more of them, is prohibited, or in which hunting,
fishing or trapping, or one or more of them, is prohibited by the Fish
and Wildlife Law, by proclamation of the Governor pursuant to section
9-1101, or by rule or regulation of the department.
23. a. "Open season" means the time during which fish, game, wildlife,
shellfish, crustacea or protected insects may be legally taken. "Closed
season" means the time during which they may not legally be taken.
b. Whenever an open season or a closed season is provided by the
fixing of dates, such dates shall be deemed part of such open season or
closed season.
24. "Enclosed lands" or "wholly enclosed lands" means lands the
boundaries of which may be indicated by wire, ditch, hedge, fence, road,
highway or water, or in any visible or distinctive manner which
indicates a separation from the surrounding contiguous territory. Except
as otherwise provided, any such indication of boundaries is sufficient
to constitute the lands within the boundaries "enclosed".
25. "Hunting accident" means the injury to or death of a person caused
by the discharge of a firearm or longbow while the person causing such
injury or death, or the person injured or killed, is taking or
attempting to take game, wildlife or fish.
26. "Muzzle loading firearm" means a gun which is loaded through the
muzzle, shooting a single projectile and having a minimum bore of .44
inch.
27. "Leashed tracking dog" means a leashed dog which has been
certified by the department pursuant to section 11-0928 of this chapter
to track and find wounded or injured big game.
28. "Captive bred" means born in captivity.
29. "Non-native big game mammal" means a mammal species presently
found in the wild and hunted as big game that is:
a. Native or an original inhabitant of the continents of Africa, Asia,
South America, Australia, or Europe, whether or not captive bred; or
b. A captive bred North American big game mammal including: cougar,
wolf, bear, bison, big horn sheep, mountain goat, antelope, elk, musk
ox, mule deer, black tailed deer, caribou, swine, and a domestic game
animal as defined in paragraph b of subdivision four of this section,
provided, however, that nothing herein shall be deemed to expand,
diminish, or alter the department's authority under existing statute or
regulation to regulate the taking of big game as defined in paragraph b
of subdivision two of this section or other protected wildlife as
defined in paragraph c of subdivision six of this section.
30. "Facility" means any type of zoo, petting zoo, circus, game farm,
game preserve, or similar entity, or part thereof, where non-native big
game mammals are housed, held, fed or provided for in any manner.
31. "Pet" means an animal kept for the primary purpose of
companionship that is normally maintained in or near the household of
the owner or person who cares for such domesticated animal.
32. "Wildlife sanctuary" means an organization as described in section
170(b)(1)(A)(vi) of the Internal Revenue Code of 1986 and that is in
compliance with all applicable provisions of the Animal Welfare Act, 7
USC Sec. 2131 et seq. and operates a place of refuge where abused,
neglected, unwanted, impounded, abandoned, orphaned, or displaced wild
animals are provided care for their lifetime or rehabilitated and
released back to their natural habitat, and, with respect to any animal
owned by the organization, does not:
a. Use the animal for any type of entertainment, recreational or
commercial purpose except for the purpose of exhibition as defined by
the department;
b. Sell, trade, lend or barter the animal or the animal's body parts;
or
c. Breed the animal.
Last modified: August 24, 2006 |